STRATA TITLES ACT 1988 - SECT 34A

STRATA TITLES ACT 1988 - SECT 34A

34A—Duty to disclose interest

        (1)         If a person (whether a co-owner of a unit or not) has been nominated to attend and vote at a meeting of a strata corporation on behalf of another person, the nominated person must—

            (a)         if the nominated person has a direct or indirect pecuniary interest in any matter to be voted on at a meeting—

                  (i)         if it is practicable to do so, disclose the nature of the interest to his or her principal before the vote is taken; or

                  (ii)         in any other case, disclose the nature of the interest to his or her principal as soon as practicable after the vote is taken; and

            (b)         if the nominating person declared a pecuniary interest in accordance with section 34(3a)(c) in relation to the matter, the nominated person must disclose the nature of the interest to the members present at the meeting before the vote on the matter is taken.

Penalty: Division 4 fine.

        (2)         A co-owner of a unit is not obliged by subsection (1) to disclose an interest that he or she has in common with his or her other co-owners.

        (3)         A person who—

            (a)         attends and is entitled to vote at, a meeting of a strata corporation; or

            (b)         presides at such a meeting,

and who has a direct or indirect pecuniary interest in any matter to be voted on at the meeting must disclose the nature of the interest to the members present at the meeting before the vote is taken.

Penalty: Division 4 fine.

        (4)         A unit holder is not obliged by subsection (3) to disclose an interest that he or she has in common with all of the unit holders.

        (5)         It is a defence to a charge of an offence against this section to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.